The problem, of
course, is that there was nothing democratic about the process. The constitution
was drafted in a matter of days by order of President Mohamed Morsi, after six
months of endless bickering in the constitutional assembly composed mainly of
the Brotherhood and Salafists – in blatant violation of the transitional
constitution.

Most non-Islamist members and delegates of the Coptic
minority had resigned in protest.

Furthermore, according to the new
constitutional declaration issued on December 9, there could be no recourse
against the text of the constitution until after the referendum, a somewhat
bizarre decision since there is no point in appealing to the courts once the
constitution is approved.

According to unofficial results, a mere 32
percent of the electorate took part in the referendum, with 64% approving the
constitution and 36% opposing it. Even if these highly dubious returns turn out
to be true, it would mean that only 20% of all eligible voters said yes to the
new constitution: in absolute numbers, 10.5 million out of the 51 million
Egyptians eligible to vote.

This is a far cry from the wide consensus
needed to launch the country on its post-revolutionary path. This is a minority
constitution for a minority of Islamist extremists, with the overwhelming
majority voting against it or staying home.

The National Salvation Front,
the main opposition group, refuses to accept these results. Set up to fight the
draft constitution, it is led by Mohamed ElBaradei, Amr Moussa and Hamdeen
Sabahi, as well as other political figures.

They all claim that fraud was
rampant, with minor and major violations in all voting districts, and that
judicial supervision was partial at best since most judges went on strike to
protest Morsi’s measures.

These violations included bulletins saying “no”
to the constitution were allegedly found thrown in public toilets or in ditches;
others were marked “yes” before the vote.

A number of polling stations
opened late as officials deliberately worked slowly, in order to discourage
voters in districts where the opposition was strong. Roadblocks prevented Coptic
villagers – who were obviously going to vote against the Islamic constitution –
from reaching polling stations. ElBaradei himself stayed home, having been
warned that his voting station was surrounded by young toughs from the
Brotherhood.

Needless to say, the Brotherhood conducted a perfectly
illegal campaign by using religion as the persuading factor: Religious leaders
issued fatwas saying that voting “no” was a grievous sin and an insult to Islam;
preachers in mosques warned that Allah would punish those who dared oppose the
constitution.

Israel, it was also said, was subverting naïve people and
bribing them to vote against the constitution.

And as if this was not
enough, the Brotherhood and their supporters were overwhelmingly present inside
the polling stations, exerting pressure until the last minute.

They, and
they only, had enough people to cover every single station. They could be seen
everywhere taking advantage of the fact that many poor Egyptians are illiterate
or barely educated and place their trust blindly in Islam.

So far,
hundreds of complaints have been lodged with the courts for these and other
violations.

Though the constitution was adopted, this was not a victory
for democracy or for Egypt, and there was little rejoicing at the victory of
political Islam. The country is deeply divided. The National Salvation Front has
issued a call to continue the fight against the imposition of Shari’a and for
the adoption of a constitution that takes all citizens into
consideration.

Protesters were told to remain in Cairo’s Tahrir Square
and around the presidential palace to maintain pressure.

Morsi had
gambled – and lost. He had thought that once the constitution was accepted he
would regain the legitimacy he had lost because of widespread opposition,
ongoing demonstrations and the growing number of resignations among his close
aides.

At times the sheer number of protesters in the streets was
reminiscent of the popular groundswell that toppled Hosni Mubarak. Slogans
called for the president’s resignation and spoke out against the domination of
the Brotherhood.

Vice President Mahmoud Mekki, a respected member of the
judiciary, resigned even before the results of the referendum were announced,
saying that “politics were incompatible with the values he defended as a
judge.”

Rumor had it that the governor of the central bank had tendered
his resignation. The new attorney-general appointed by Morsi resigned, but was
“persuaded” to change his mind.

The regime is trying to stay the course
throughout the country, and is in for another lengthy period of
confrontations.

The Brotherhood will not budge in spite of the
opposition; they will not deviate from their avowed aim: imposing Shari’a in
Egypt, then in Islamic countries and finally in the whole world.

Their
claim of victory at the polls is hotly disputed by a powerful opposition
representing a significant number of Egyptians and nearly all the educated
elite. Can that opposition remain united? Will it be able to coordinate the
fight against the Muslim Brotherhood? Because that fight is far from over.
Elections to parliament have to be held two months after the constitution has
been approved. Can opposition forces win these elections and demonstrate that
the Brotherhood has lost its popular support? Or will the Brotherhood,
controlling the country, muster all their supporters to once again frighten and
cheat their way to a majority in parliament?

It might not be so easy, with the
ever deepening economic crisis and overall lack of security. Poverty and
hunger may drive millions of people to the streets.

Furthermore, it seems
that at long last the West is beginning to understand that there is nothing
“pragmatic” about Morsi’s policies and nothing “moderate” about the Brotherhood.
The first to speak openly on the subject was the German foreign minister, who
voiced his doubts about the the referendum.

And the long awaited loan
from the International Monetary Fund, which Egypt desperately needs, is
apparently on hold.

The writer, a fellow of The Jerusalem Center for
Public Affairs, is a former ambassador to Romania, Egypt and Sweden.